A city businessman Dickson Njanja Mararo involved in a shoot out at Quiver club will spend another two weeks in custody after the court denied him bail.
In a ruling delivered by Milimani magistrate Esther Kimilu he orders Mararo to be detained at Industrial Remand Prison until August 5, 2021 to enable the state put key witnesses under witness protection.
"Even though the accused person is entitled to bail. The accused will be remanded in custody or 15 days to enable the prosecution to put their witneses under protection," ruled Kimilu.
The court noted that the charges facing the accused person are serious and that there are allegations of some witnesses fearing for their life.
The directive comes after Director of Public Prosecution on Wednesday made an application seeking to have the businessman detained.
Mararo is the suspect behind the shooting of two police officers and a woman at Quiver Lounge in Kasarani, Nairobi
The DPP through Evelyne Onumga had submitted several reasons as to why Mararo should not be released on bail.
Onunga informed Milimani trial magistrate Esther Kilimu that the businessman who is currently being held at Gigiri police station attempted to cause the death of two officers Fetus Musyoka, Lawrence Muturi and waitress Felistas Nzisa by shooting them at a close range.
The prosecution wants the accused person detained saying that if released on bail he's highly likely to threaten, intimidate, interfere with any of the state witnesses.
"There is a high likelihood that if Njanja is released on bond or bail the accused will threaten and interfere or in any other way try to influence the civilian witnesses," the state counsel said.
She added that Njanja is charged with the offence of attempted murder and if found guilty the punishment meted out could be that of life imprisonment and therefore there are more probabilities and incentives for him to abscond if released on bail pending the hearing and determination of his case.
Onunga informed the court to consider the character of the accused since he went under after committing the offence only to surrender to his lawyer three days later.
The court further heard that one of the victims, officer Musyoka is still in critical condition at ICU in Nairobi hospital and is yet to record a statement with the police.
The prosecutor said that they also intend to have both civilians and officers who are witnesses in the case put under witness protection before the accused is released on bail
However, the victims' lawyer MP Dan Maanzo supported the DPP's move to have the accused denied bail pending trial.
Maanzo informed the court that Musyoka hospital bill is at ksh5 million since he was admitted to hospital on July 3 following the shooting incident at the hotel.
"The victims have been physically and economically damaged by the incident. The doctor attending to officer Musyoka at Nairobi hospital says that he has a permanent disability in the back and neck following the gunshot wound. He may not be able to work again and not walk as his movement will be impaired, " Maanzo said.
He urged the court to compel the accused person to deposit his passport with the court if granted bail.
But Njanja through lawyer Cliff Ombeta opposed the application by the state to have his client locked up until his case is heard saying that they have not tabled compelling reasons to warrant denial bail.
Ombeta urged the court to grant his client reasonable bail terms on conditions that he deposits his passport with the court, to be reporting to the court or investigation officer once a month until the case is heard and determined.
"My client is willing to abide by all the conditions the court will direct once granted bail," Ombeta said.
The accused has since denied that he attempted to kill the three victims on July 2, 2021, at about 10pm at Quiver lounge in Kasarani sub-county, Nairobi county.
The court heard that the accused has since surrendered a Glock semi-automatic pistol and 38 rounds of 9mm ammunition.
